Selective Service Cases
in the Federal Reporter 485-492, 500, 733, 838 F.2d |
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http:// www.agu.ac.jp / ~vicks62 / jeffreyb / resist15.html
These are NOT draft evaders. Most REFUSED to report for induction OR submit to induction. After being convicted in District Court, they took their battle to one of the Circuit Courts of Appeal AND the appeal court's opinion was published in the Federal Reporter.
481 F. 2d page |
Defendant-Appellant decided |
Circuit | Charge(s) | Conviction ... |
174 | Bryan L. COHEN 73-1675 |
2nd | refusal to submit to induction |
affirmed |
485 F. 2d page |
Defendant-Appellant decided Aug - Oct 1973 |
Circuit | Charge(s) | Conviction ... |
230 | Bryan L. COHEN 73-1675 |
2nd | refusal to submit to induction |
affirmed |
517 | Stephen KURZYNA 73-1421 |
2nd | refusal to register for the draft |
affirmed |
549 | Michael Francis HODGINS 72-2844 |
9th | refusal to submit to induction |
reversed 2 to 1 |
560 | Craig Joel WEISLOW 73-1239 |
9th | failure to report for physical exam refusal to submit to induction |
count I affirmed review declined |
700 | Glenn D. STOCKWELL 73-1102 |
1st | refusal to submit to induction |
reversed 2 to 1 |
1157 | Jeffrey Lynn ROBINSON 73-1124 |
3rd | failing to provide current address refusal to report for induction |
revesed and remanded for new trial (with some dissent) |
1378 | Henry Joseph GUTIERREZ 73-1179 |
9th | failure to report for physical exam (two counts) |
affirmed |
488 F. 2d page |
Defendant-Appellant decided Oct. 1973 - Jan. 1974 |
Circuit | Charge(s) | Conviction ... |
162 | Robert Portsche WARD 72-3176 |
9th | possession of false draft card |
affirmed 2 to 1 reversed en banc |
365 | William Charles EPPINETTE, Jr. 73-1362 |
4th | non-possession of draft cards |
reversed and acquitted |
923 | Peter Fleming HOFFMAN 73-2140 |
5th | refusal to submit to induction |
affirmed |
1364 | Mark Randall WINDSOR 72-3526 |
3rd | failure to report for induction |
affirmed |
489 F. 2d page |
Defendant-Appellant decided Dec. 1973 - Feb. 1974 |
Circuit | Charge(s) | Conviction ... |
697 | Robert James SHIPPEE 73-2687 |
5th | refusal to submit to induction |
affirmed |
859 | George Charles SUNDSTROM 73-1949 |
2nd | refusal to submit to induction |
affirmed |
1276 to 1310 |
not posted online | |||
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490 F. 2d page |
Defendant-Appellant decided Dec. 1973 - Feb. 1974 |
Circuit | Charge(s) | Conviction ... |
29 | Jose Emiliano VELAZQUEZ 73-1869 |
2nd | refusing to submit to physical exam (dismissed) refusing to submit to induction (dismissed) |
count I reinstated 2 to 1 count II reinstated 2 to 1 |
199 | Stephen William JERROLD 72-1320 |
1st | refusal to submit to induction |
affirmed |
442 | Michael Flynn TAYLOR 73-2258 |
5th | failure to report for induction |
reversed |
597 | Milwood W.C. HUGHES, Jr. 73-2525 |
2nd | failure to report for induction |
affirmed |
868 | Ronald S. JENKINS 73-1572 |
2nd | refusal to submit to induction |
further prosecution barred |
914 | Michael Allen SWIGART 73-1228 |
10th | failure to perform his duty |
tentatively affirmed |
1226 | Mark Craig ZANNINI 73-2358 |
9th | refusal to submit to induction |
reversed 2 to 1 |
491 F. 2d page |
Defendant-Appellant decided Jan. - March 1974 |
Circuit | Charge(s) | Conviction ... |
120 | Jeffrey Davis BLAKELY 73-2975 |
5th | refusing to submit to induction failing to provide current addresses |
count I affirmed count II affirmed |
552 | Larry Keith RAUCH 73-1555 |
8th | failure to keep his board informed |
affirmed |
1243 | Richard John REAM, Jr. 73-2742 |
5th | failing to remain in alternative service |
affirmed |
492 F. 2d page |
Defendant-Appellant decided Feb. - April 1974 |
Circuit | Charge(s) | Conviction ... |
42 | James Francis CASHION 73-1386 |
5th | failure to report current address |
affirmed |
126 | Murphy Albert LEWIS 73-2694 |
5th | refusal to submit to induction (dismissed) |
dismissal sustained |
265 | Robert Arsenio DeHERRERA 73-2523 |
9th | failure to report for physical failure to report current address two counts of refusal to submit to induction |
affirmed |
353 | Duncan John SHOCKLEY 72-2950 |
9th | failure to report for induction |
reverseed 2 to 1 |
388 | David Emery SERFASS 73-1736 |
3rd | refusal to submit to induction (dismissed) |
reinstated |
500 F. 2d page |
Defendant-Appellant | Circuit | Charge(s) | Conviction ... |
580 | Mark David Albert KLOTZ 74-1069 |
8th | refusing and evading registration |
reversed |
733 F. 2d page |
Defendant-Appellant | Circuit | Charge(s) | Conviction ... |
1287 | Gary John EKLUND 82-2505 |
8th | failure to register |
affirmed 5 to 4 |
838 F. 2d page |
Defendant-Appellant | Circuit | Charge(s) | Conviction ... |
932 | Gillian KERLEY 87-1882 and 87-2644 |
7th | refused to register |
affirmed |